Legal Consequences of Underage Marriage (Case Study of Elopement of Bajau Tribe in Lagasa Village, Muna Regency)

doi:10.7176/jlpg/117-01

Abstract

Marriage Law in Indonesia is regulated through Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Through this Law, the provisions of the general public, Article 7 (1) Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. (2) In the event that there is a deviation from the age provisions as referred to in paragraph (1), the parents of the male and/or female parents may request a dispensation from the Court on the grounds that it is very urgent, accompanied by sufficient supporting evidence. However, in reality in the community, especially in the village of Lagasa, Muna Regency, there are other phenomena that are contrary to the law on underage marriage, this research uses the empirical legal research method. have not met the applicable legal requirements, other legal consequences of course from unregistered marriages have implications for the civil rights of wives and children later in life. Keywords: Marriage, Minors, Lagasa Village DOI: 10.7176/JLPG/117-01 Publication date: January 31 st 2022

Highlights

According to the law on child protection, children are buds, potentials, and the younger generation who succeeds in the ideals of the nation's struggle, has a strategic role, characteristics, and special characteristics so that it must be protected from all forms of inhumane treatment that result in violations of human rights
The marriage law is legal, if it is carried out according to the law of each religion and belief, to make administrative guidelines, marriages are required to be recorded as stipulated in article 2 paragraph (2) that each Each marriage is recorded according to the applicable laws and regulations
There is no customary law that regulates the age limit for marriage, if there is an underage silayyang they can still be married according to the pillars of marriage and can live as husband and wife but underage marriages do not get legal legality because they are not recorded by the marriage registrar

Summary

Introduction

According to the law on child protection, children are buds, potentials, and the younger generation who succeeds in the ideals of the nation's struggle, has a strategic role, characteristics, and special characteristics so that it must be protected from all forms of inhumane treatment that result in violations of human rights. (2) In the event that there is a deviation from the age provisions as referred to in paragraph (1), the parents of the male and/or female parents may request a dispensation from the Court on the grounds that it is very urgent, accompanied by sufficient supporting evidence.. (2) In the event that there is a deviation from the age provisions as referred to in paragraph (1), the parents of the male and/or female parents may request a dispensation from the Court on the grounds that it is very urgent, accompanied by sufficient supporting evidence.2 This is given to avoid unwanted things in children such as adultery and others.. Underage marriage is not something new in Indonesia This practice has been around for a long time with so many perpetrators. The reasons vary, due to economic problems, low education, cultural understanding and certain religious values, and so on.

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